Some Nights
by Tomatoes00
Summary: AU - Harvey and Donna are married and must endure the toughest challenge in their relationship so far.
1. Chapter 1

Chapter 1

Harvey swirled the amber liquid around in his glass as he watched his wife wash the dishes over the sink in the kitchen. He takes sip before placing the glass down on the dining table, standing up and silently walking over to join her. He steps to her side, grabbing a towel to assist in the process.

"Did the kids go down OK?" Donna asked.

"Out like a light," he replies.

The pair work together in sync, one rinsing and the other drying, on autopilot as they had done hundreds of times before.

"When are you flying out again tomorrow?" she asks, breaking the silence.

"It's an 8am flight, so I'll be out of the house by 5.30," he replies.

She frowns slightly and lets out a small sigh. "I can't believe you're missing Katie's first day of school."

He clenches his jaw; they had already discussed this. "I know, but deals of this size don't come round often. We'll meet our budget for the rest of the year with this one fee alone," he reasons, knowing she's been upset about this trip for a few weeks now.

"I just wish someone else could have handled it," she replies as she finishes up the final dish, before wiping her hands dry on the dish towel.

"I'll be back before you know it," he reassures, kissing her on the forehead.

"Are you heading in?" she asks, fingers interlocking with his, pulling him in the direction of their bedroom. The last minute prep for their daughter's first day of school has left her drained and craving their soft bed since early evening.

"I just need to finish up some work, I'll be in soon," he replies, as he lets her hand go to pick up his scotch on the way to the home office.

She nods as she makes her way into their bedroom alone, exhaustion hitting her like a ton of bricks. She drifts off to sleep within seconds of her head hitting the pillow.

He slowly enters their bedroom few hours later and climbs under the sheets next to her. Her body is facing away from him; her gentle snores penetrating the otherwise silent room. He turns to wrap his arms around her sleeping form, but decides against it, knowing that he'll be up in a few short hours and he doesn't want to wake her later by untangling her from his limbs. He closes his eyes and allows the slumber to take over.

…

Harvey steps into the conference room, his usual confident self. There was no sign on his face or his immaculate suit that he had just stepped off a 6-hour flight from New York. He takes a spot at the head of the table, the power position, and casually waits for the lawyer on the other side to arrive. The firm that was representing the other side, he had never heard of before, so he had assumed it was a small to mid-tier practice with average calibre lawyers who he will crush in the deal negotiations. He spins his chair to admire the view of LA as he waits.

"Well well, look what the cat dragged in," a familiar voice chirps behind him.

He spins his chair around and is face to face with an all too familiar petite brunette.

"Scottie?" he replies, surprised at her presence, "you're opposing counsel?"

"The Harvey I know is always three steps ahead. How did you not know I'm opposing counsel?" she teases, amused at his confusion.

"Disclosure of need-to-know information isn't my new assistant's strong suit I guess," he replies, giving her an embarrassed smile.

"New assistant?" Scottie asks, "So Donna's moved on?" Her eyes light up ever so slightly. Donna had always been a thorn in the side of her and Harvey's relationship in the past. Though a subtle presence, she was always lingering in the background, preventing them from embarking on a full relationship.

"Something like that," he replies, leaning over to shake her hand. "Now don't think I'll go easy on you Scottie, just because we're friends. My client is walking out of here with the better deal," he jokes, giving her a wink.

She rolls her eyes and takes a seat, ready to get down to business.

The two Harvard educated lawyers go head to head with the negotiations for the rest of the day. Both are evenly matched and their history meant that they know each others' tricks and strategies before the cards are even played. After hours of back and forth, the two agree on an equilibrium, knowing this was the best outcome that they could achieve with each other as opposing counsel. It means that both their clients will be making a handsome sum of money, but neither achieving the windfall they were both hoping for.

"Ok, I haven't worked that hard in months," Scottie exclaimed as she signs the paperwork. "You drive a hard bargain Specter."

"Right back at you, Scottie," he replies, as he finishes his signature with a flourish.

"What do you say we celebrate with a drink," she proposes, raising an eyebrow in his direction, "when are you due back to New York?"

Harvey glances down at his watch. They had gone much later than he had anticipated and it was far too late to call home and check up on the kids as he had planned.

"Ok, one drink," he responds, "I'm on the midday flight back tomorrow."

The two lawyers make their way to a trendy bar in West Hollywood, a spot filled with bankers and lawyers alike. They make their way to a corner and Scottie starts catching him up on her life in LA over the last 8 years. Despite himself, he was enjoying not talking about kids and family commitments and relished in her stories about her life in the city and the travels around the world she has indulged in over the years.

The drinks flowed easily and before long, they were several drinks in and both rather intoxicated. With the alcohol clouding his mind and blurring his senses, he savoured the unwavering attention she was giving him. Something that he feels like hasn't experienced in a while.

So when her hand casually caressed his knee, he doesn't push it aside. And when her hand brushed over his collar and rested on his chest, he didn't pull back. And when she started to lean in, her lips a breath away from his, he allowed her close the gap.

…

A slither of blinding sunlight penetrated into the room through the gap in the curtains that weren't closed all the way. Unfortunately for Harvey, the slither was perfectly aligned against his eyes, forcing him awake and endure the jackhammer that was pounding against his head. He hadn't been this hung over for what feels like decades and he's anticipating that his older age will make the recovery process that much longer. He fumbles for his phone on the bedside to check the time, before realising it's dead. So, he lifts his eyes up and seeks out the digital clock on the table.

8.46am.

 ** _Shit._**

He's late for his flight. He quickly sits up, instantly regretting it as it exasperates the pounding in his head. He sits there for a second, waiting for the pain to subside when he hears it. And feels it.

A moaning from the bed behind him and a movement in the sheets. He slowly turns around, dreading what's behind him but already knowing what he is going to see.

"Morning handsome," Scottie purrs as he turns around, "last night was amazing."

Instantly he feels sick.

Within seconds, he's up getting dressed and packing away his possessions in his suitcase. The pain in his head and the nausea in his stomach on the backburner as all he can focus on is getting out of there.

"What's the rush, baby?" she quips as she sits up, watching him flurry around the room.

"Last night was a mistake Scottie," he says, not looking at her as he continues around the room, "and I have a flight to catch."

She looks at him confused and hurt that he had perceived the night so differently that she had.

"Harvey, it's ok, it's just old friends catching up. We've done this before," she tries to reason with him, concerned at his frantic demeanour.

He stops and turns to face her, shaking his head. "No, it's not ok," he states, "I'm married."

She stares back at him and swallows. He didn't mention this last night and she hadn't noticed a ring. She glances down at his hand and clear as day, is a gold band on his ring finger.

She sits in silence as he anxiously finishes packing and zips up his case, before wheeling it towards the door. She can see the regret in his eyes and the pain etched on his face as he walks by the bed, not giving her any eye contact.

He opens the door and pauses before he exits.

"Bye Scottie," he chokes out, refusing to look back, before walking through the door and closing it behind him.

…

He silently slides his key into the front door quietly makes his way in. The lights are all off, indicating that everyone was already in bed. He drops his bags by the front door and tiredly strips off his jacket and shoes as he makes his way into their bedroom, begging that she was already asleep.

He would not be able to face her that night. He had spent the last 10 hours fighting back tears, furious at himself for what he had done and dreading returning home to his wife and kids, knowing that he had betrayed them. His eyes were bloodshot and he knew she would realise something was wrong as soon as she saw him.

Luckily for him, she was already asleep when he entered into their room, her auburn hair sprawled over the pillow case. He slid in beside her and enveloped her in his embrace, pulling her in.

"You're back," she whispers as she stirs from her sleep, adjusting her position so she can cocoon against him perfectly. "I missed you," she murmurs as she drifts back off to sleep.

He kisses her on the back of the head and holds her tight the entire night, not getting a blink of sleep.

...

A/N: Don't hate me! I don't mean to character assassinate Harvey but these ideas just come to me :).


	2. Chapter 2

Chapter 2

The distant cries of their 12-month old began sounding before the sun rose for the day. Already wide awake, Harvey gently rose to attend to the young child before her screams woke up the rest of the house. Emily's eyes lit up when she recognised her father entering her room, her cries turning into soft whimpers. She reaches her arms up, asking to be picked up and comforted by her father.

"Hey baby girl," he coos as he walks over to her crib, picking her up and giving her a cuddle. He gently rocks her as she lays her head on his shoulder, calming down and soothed by his presence.

"Let's get you some breakfast," he whispers as he carries her out into the kitchen and places her in her high chair before he starts preparing the formula. She eagerly grabs the bottle as soon as it's ready and begins feeding herself contently.

Having celebrated her first birthday just a few weeks' prior, Harvey is amazed at how quickly his girls were growing up. Sure, he had expected his and Donna's offspring to be extraordinarily gifted, but they still astound him everyday. He chuckles and shakes his head. All parents probably feel the same way about their kids, he reasons.

He picks her up and carries her to the couch, where he allows her to lay against him as she continues feeding, savouring their one-on-one father-daughter moment. With the demands of his job, these moments are few and far between and cherishes every minute he shares with his girls. He sighs as he watches her small form. Her innocence and dependence on him to be the best father he can be for her. And yet he's failed her. And her sister. And her mother.

He feels sick to his stomach. A feeling that has been there for the better part of the day; since he woke up in that hotel room that morning. Cheating was the one thing he never thought that he would ever do. Ever.

He had seen and felt the betrayal and consequence of his mother's infidelities. Consequences that had haunted him well into adulthood. And it was the red head in their marital bed, not thirty feet away in the adjacent room, that helped him through his issues years ago and opened up his heart to love and family. And she is the one person he has now betrayed.

But beyond all that, what Harvey hates with equal passion, is a liar.

And despite the risk of tearing their family apart, keeping this a secret was not an option for Harvey. He closes his eyes and relishes the peace of the moment. He knows that everything is going to change in a few hours. He brings his daughter closer and wraps his arms around her as she finishes her bottle, snuggling into her father's warm embrace. Both slowly drift off to sleep in each other's arms.

…

Harvey stirs a while later to the sound of gentle clattering in the kitchen. He slowly opens his eyes and tilts his head to observe his wife, attempting to quietly start breakfast without disturbing the sleeping forms on the couch. He takes in a sharp breath at the sight.

Her hair up in a messy bun, with not a smidgen of make up, she was in that moment, the most beautiful woman in the world to him. He continues to watch her silently, not wanting to disturb her process or alert her to her failed attempt at keeping the noise down.

Donna's attempt was quickly interrupted however, when their five-year-old bolted from her room and barged into the living area, announcing her presence to the world.

"Shhhhh…." Donna whispered, trying to pacify the child, "Em and dad are sleeping."

"Too late," he mumbles, suppressing a yawn as he slowly props himself up, careful not to disturb the child on his chest.

"Daddy!" the older girl exclaims, not heeding her mother's advice to lower her voice. She rushes over to her father, who she hadn't seen in a few days, and gives him a tight hug around his neck.

He looks down at his chest and is relieved that the younger child was still snoring away. The girl could sleep through an earthquake.

Donna smiles at the sight of her small family.

She had woken up that morning to an empty bed, confused as she had been certain that she remembered her husband joining her the night before. Noticing that it was a while past her daughter's usual 5am scheduled feed, she had risen to check up on her 12-month old, before coming across the sight of two of her favourite people passed out on the couch with an empty bottle on the floor beside them. She had quietly grabbed her phone and snapped a picture of the moment, chuckling at the milk residue on her daughter's face and the drool stains that were pooling on her husband's shirt where she lay.

She makes her way over to the trio on the couch, reaching down to relieve him of the sleeping child on his chest.

"Welcome home," she whispers leaning in give him a kiss.

He returns the kiss with longing, holding on for longer than the usual pecks that have become the norm recently. He savours his wife's taste, trying to erase the memory of the other set of lips he had experienced recently.

She pulls back with a cocked eyebrow and a look of surprise. He hadn't kissed her like that for what feels like months.

"I'll return Em to her cot," Donna starts, "you should get ready, you're going to be late for the office."

"I think I'll take the morning off," he responds, "I want to take Katie to school…since I missed her first day."

He's not sure if it's the guilt or the dread of the impending change in their family dynamic, but Harvey is desperate to spend as much time with his family as possible today. The five-year-old beams at her father's news and rushes off to get dressed in her school uniform.

Deep down, Donna knows that something is amiss. He has never voluntarily sacrificed work obligations, unless there was an emergency. It was a topic of contention between the two over the years, with him always insisting that he works hard to ensure they're comfortable and well taken care of. Due to his long hours at the office and frequent business trips, the time he spends with his girls is far less than ideal. She has lost track over the years of the number their children's milestones she has witnessed alone, wishing he was there to share them with her.

She bites her tongue, not willing to question his motives or start a tiff. So she carries on to put Emily down and continues making breakfast. The family spends a rare morning having breakfast together and walking the three blocks to Katie's school. The girl happily walks alongside her father, her little hand tightly grasping his larger one, eager to show off her new school to him. He gives a sad smile at her enthusiasm but allows her to show him off to her friends and teachers. He's knows that she wouldn't be as keen to show him off if she knew the truth.

As the couple and their youngest slip back into their penthouse apartment shortly after, an air of dread fills the room. Donna feels a shift in the atmosphere and refuses to look back at her husband standing behind her. After 13 years together and 8 years of marriage, she knows him better than he knows himself. And she can sense when something is not right. She closes her eyes and almost anticipates the words that come out of his mouth.

"Donna, we need to talk."


End file.
